5D11-695, 5D11-696 5D11-697 Megan Kirby v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-695,

Case Date: 08/29/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011

MEGAN MAYNARD KIRBY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 2, 2011 Appeal from the Circuit Court for Flagler County, Raul A. Zambrano, Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. Case Nos. 5D11-695, 5D11-696, 5D11-697

PER CURIAM. Pursuant to a plea agreement to resolve several cases, Kirby entered a no contest plea in Case 2010-00685-CFFA to the charge of sale of oxycodone. Unfortunately, the trial court pronounced that it was adjudicating Kirby guilty of sale of cocaine, rather than sale of oxycodone. The error was compounded in that the

sentencing order also reflected an adjudication for sale of cocaine. As Kirby suggests, it

appears that the trial judge simply misspoke. We remand for entry of an amended sentencing order to correctly reflect that Kirby's conviction was for sale of oxycodone. REMANDED FOR CORRECTION OF FINAL JUDGMENT.

TORPY, EVANDER and JACOBUS, JJ., concur.

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